Mi:Time limit on site condos

SteveP11 (Michigan)
Posts: 2

Posted:

Does anyone have experience when the "timelimit" runs out on a developer and his units convert to common elements?

Reference MI:Condo law : Sec 67 (3)

How does that occur? ...quiet claim deed? Letter to developer? Letter to Register of deed? Show Cause hearing???

GlenL (Ohio)
Posts: 5,491

Posted:

Steve the way I read the statute which is 559.167 btw, the units don't convert only undeveloped property and only if he doesn't remove it from the development. This is something you really should contact an attorney versed in real-estate law about.

(3) Notwithstanding section 33, if the developer has not completed development and construction of units or improvements in the condominium project that are identified as “need not be built” during a period ending 10 years after the date of commencement of construction by the developer of the project, the developer, its successors, or assigns have the right to withdraw from the project all undeveloped portions of the project not identified as “must be built” without the prior consent of any co-owners, mortgagees of units in the project, or any other party having an interest in the project. If the master deed contains provisions permitting the expansion, contraction, or rights of convertibility of units or common elements in the condominium project, then the time period is 6 years after the date the developer exercised its rights with respect to either expansion, contraction, or rights of convertibility, whichever right was exercised last. The undeveloped portions of the project withdrawn shall also automatically be granted easements for utility and access purposes through the condominium project for the benefit of the undeveloped portions of the project. If the developer does not withdraw the undeveloped portions of the project from the project before expiration of the time periods, those undeveloped lands shall remain part of the project as general common elements and all rights to construct units upon that land shall cease. In such an event, if it becomes necessary to adjust percentages of value as a result of fewer units existing, a co-owner or the association of co-owners may bring an action to require revisions to the percentages of value under section 95.

Studies show that 5 out of 4 people have problems with fractions

SteveP11 (Michigan)
Posts: 2

Posted:

GlenL
I have consulted an attorney ... several actually. And not one of them can tell me the legal processes that are executed in order to extinguish the developers right to those properties. But I have been told that undeveloped lots of a site condo will become common elements.

I am in a 12 year old development that the HOA is still controlled by the developer and he is not executing apporpriately maybe criminally... So several of the homeowners are looking for the way out.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Steve

When you say a way out, what exactly do you want/mean?

Do you mean the declarant buy your place back?

Please clarify.

Thanks.